JENNESS v. CITIZENS' NATIONAL BANK OF ROME

JENNESS v. CITIZENS’ NATIONAL BANK OF ROME. IN ERROR ■ TO THE CIKCUIT COURT. FOR THE EASTERN DISTRICT OP ' MICHIGAN. Submitted December 20th, 1883. Decided January 7th, 1884. Appeal — Jurisdiction: • When a judgment below is for an amount sufficient to give jurisdiction above, but it appears affirmatively on the record that after deducting from it an amount not in- contest below, there remains less than the jurisdictional ■bum,this court has no jurisdiction. Mr. W. B. Williams for the plaintiff in error. [MAJORITY — Mr. Chief Justice Waite] Mr. Chief Justice Waite delivered the opinion of the court. The judgment in this case is for $1,215.16, but it appears affirmatively on the face of the record that of this amount $2,669.03 was not disputed below. The defence related alone to the difference between these two amounts, which is less than $5,000. The dispute here is only in reference, to the amount contested below. Such being the case, we have no jurisdiction. The cases of Gray v. Blanchard, 97 U. S. 564; Tintsman v. national Bank, 100 U. S. 6; and Hilton v. Dickinson, 108 U. S. 165, are conclusive to this effect. Dismissed.